Does the cure period for Craters & Freighters defaults apply to amounts owed to affiliates?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
| Item | Provision | Section in Franchise Agreement | Summary |
|---|---|---|---|
| g. | "Cause" defined – curable defaults | Section 19.2 | Curable Defaults: You have 30 days to cure |
| any of the following defaults: non-payment of | |||
| any amount due and owing to us or any | |||
| Affiliate of ours as required by us pursuant to | |||
| the Franchise Agreement, Operations Manuals, | |||
| or otherwise; failure or refusal to submit, when | |||
| due, any report or other data, information, or | |||
| supporting records relating to the Franchised | |||
| Business; failure or refusal to accurately report | |||
| the Adjusted Gross Sales of the Franchised | |||
| Business; failure or refusal to operate a | |||
| warehouse within the Premises necessary for | |||
| the operation of the Franchised Business; | |||
| uncured default under the Lease for the | |||
| Premises; offer or sale of any products or | |||
| services not authorized by us; failure or refusal | |||
| to comply with the Operations Manuals or, | |||
| more specifically, any of the System Standards; | |||
| failure or refusal to pay any taxes due in | |||
| connection with your operation of the | |||
| Franchised Business; failure or refusal to | |||
| obtain and/or maintain all applicable licenses | |||
| and permits relating to the operation of the | |||
| Franchised Business; failure or refusal to | |||
| obtain our written approval or consent when | |||
| required; or failure or refusal to comply with | |||
| any other provision of the Franchise | |||
| Agreement, Operations Manuals, or any | |||
| System Standard. |
h. "Cause" defined – non-curable Section 19.1 Non-Curable Defaults: failure or refusal to defaults open the Franchised Business within 90 days after execution of the Franchise Agreement;
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTIONS (FDD pages 36–44)
What This Means (2025 FDD)
According to Craters & Freighters' 2025 Franchise Disclosure Document, a franchisee has 30 days to cure certain defaults, including non-payment of amounts owed to Craters & Freighters or any of its affiliates. This means that if a franchisee fails to pay money owed to either Craters & Freighters or one of its affiliates, they will have a 30-day period to correct the default and avoid further action by the franchisor.
This cure period provides a franchisee with an opportunity to resolve payment issues and maintain their franchise agreement. It is important for prospective franchisees to understand that this cure period applies not only to payments owed directly to Craters & Freighters but also to payments owed to any of its affiliates.
However, the FDD also defines certain defaults as non-curable. These include repeated non-payment of any amount due and owing to Craters & Freighters or any affiliate. Therefore, while a single instance of non-payment may be curable with 30 days, repeated instances are not, and can lead to termination of the franchise agreement.